On The Shape Theory Of Multiple Acts Crime

Multiple acts crime is a crime against the objective aspect of the composition acts as a standard that contains the number of acts of crime by the formation of a special criminal type.Overall multiple acts crime is characteristic of plural acts, but in the form of the Interior has presented a feature of multiple. This complexity decides that when recognizing crime regarding the stopping shape, the accomplice shape as well as the crime shape about number, there is quite different between multiple acts crime and simple acts crime.At present, China's criminal law scholars study the multiple acts crime lacks the necessary attention. Different scholars for the connotation and denotation of multiple acts crime have different opinions and difficult to unify. However, in practice, the identification and punishment of many important crimes are inextricably linked with the multiple acts crime theory. This article started with the act of multiple acts crime, then based on clarifying what perpetrating act is and the standard to judge the odd or plural of perpetrating act to define multiple acts crime. Finally, start the discussion on the special shape of crime.This article is divided into three chapters:The first chapter, premised concepts limiting. Mainly through introduction the theories of acts in criminal law, lead to discussion on perpetrating act. And then to further discuss the concept and the standard to judge the odd or plural of it. Basing on the present theorists of criminal law about the standard of judgment to propose the author's point of view. That is the reasonable and clear limiting standard can only be proposed through the stratification consideration on normative level.The second chapter, the body part of the multiple acts crime theory. In this chapter, through comparison of the existing theories of multiple acts crime, to grasp its essence accurately. Basing on the comparison to further clarify the features and classification of it. At the same time, pointed out author's view on some fallacious classifications in the existing theories. Clear that the crime of fabricate spread type, bribery crime, forced trading charges, extortion crimes and the crime of fraud through impersonating State agency staff are not belong to multiple acts crime.The third chapter, the shape theory of multiple acts crime. Overall multiple acts crime is characteristic of plural acts, but in the form of the Interior has presented a feature of multiple. This complexity decides that when recognizing crime regarding the stopping shape, the accomplice shape as well as the crime shape about number. This chapter is the key part of the whole article, basing on the discussion before, focused on the special part of multiple acts crime in shape of stopping, accomplice and number. In the first section, through discussion the accomplishment of kidnapping to clarify its stopping shape. In the second section, stressed on the discussion of co-perpetrator and successive co-perpetrator. Last section focus on imaginative jointer of offenses and overlapping offense of law articles to discuss the shape about number of multiple acts crime.